Agency for Dispute Resolution

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Alec B. Wisner


Civil Articles

Civil Mediation Articles


A California Correction? Legislature Will Consider Allowing Attorney Malpractice Proof from Mediation

(7/20/17)Jeff Kichaven

The evidence is in. After 43 years of federal practice under Rule 408 of the Federal Rules of Evidence (1975); 19 years of New York practice under CPLR 4547 (1998); and 16 years of practice in various states under the Uniform Mediation Act (2001), we can conclude: Statutory confidentiality is not necessary for effective mediation.

Introduction to the Stone Soup Project Mini-Course

(7/14/17)John Lande

This is the first installment of an online mini-course about social science research methods relevant to the Stone Soup Dispute Resolution Knowledge Project.

Interview with Ken Cloke

(7/12/17)Kenneth Cloke

This is the complete interview by Robert Benjamin with Ken Cloke, author and Founder of Mediators Beyond Borders, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Interview with Randy Lowry

(6/27/17)L. Randolph Lowry

This is the complete interview by Robert Benjamin with Randy Lowry, President of Lipscomb University and founder of the Straus Institute for Dispute Resolution at Pepperdine.

The Case for Early Mediation; Part II of II

(6/23/17)Michael A. Zeytoonian

In this post, we look at the kind of mediation we are proponents of – early mediation (we call ours “3-D Mediation”) – used either as an alternative to litigation entirely or used very early in the litigation process.

DOJ Flips on Class Waivers Issue

(6/23/17)Beth Graham

Although the DOJ brief is unlikely to have much impact on the high court’s ultimate decision in the consolidated cases, the Department’s abrupt U-turn in a pending Supreme Court case is both interesting and unusual.

Interview with Carrie Menkel-Meadow

(6/18/17)Carrie J. Menkel-Meadow

This is the complete interview by Robert Benjamin with Carrie Menkel-Meadow, Georgetown Law Professor, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Michael Leathes’ New Negotiation Book - Book Review

(6/16/17)Michael Leathes

Michael Leathes has written a book on negotiation that is aimed at corporate counsel.

How to Mediate a Prenuptial Agreement

(6/14/17)Laurie Israel

Marriages can be damaged by a destructive prenup or by a harsh prenup negotiation process.

Comparative Data on Mediation Websites: Most Visited and Most Linked

(6/13/17)Jim Melamed

According to Alexa.com, Mediate.com is most visited and most linked mediation website.

If I Were a Rich Man–and Other Strategies for Appealing to the Wealthy Defendant in Mediation

(5/22/17)Jan Frankel Schau

Studies demonstrated that wealthier people are far less likely to donate to charity if the appeal comes as something “for the greater good”.

The Joy Of Impasse: The Neuroscience Of ‘Insight’ And Creative Problem Solving

(5/16/17)Robert Benjamin

Most novice and experienced conflict mediators alike feel themselves viscerally tighten in the face of an impending impasse. However, current studies in neuroscience suggest that frustration can be useful in fomenting creative problem solving.

Best Practices for Managing Wills Between Family Members

(4/28/17)Elaine Rushing

An “unnatural” disposition in a decedent’s will can cause intra-family conflict, and will contests are often expensive and lengthy.

BBB Complaints Against Mediation.com

(4/27/17)Jim Melamed

At Mediate.com, we receive multiple complaints each week about another company, Mediation.com. These detailed reports from BBB are instructive as to how this other company operates.

Litigation–Style Mediation Has Got to Go

(4/21/17)Dan Simon

It’s entirely understandable that retired judges and experienced litigators would want to work as mediators.

Interview with Michael Lewis

(4/20/17)Michael Lewis

This is the complete interview by Robert Benjamin with Michael Lewis, a long-time leader in the field of mediation, filmed as part of Mediate.com's ' Views from the Eye of the Storm' Series.

Interview with James Alfini

(4/12/17)James J. Alfini

This is the complete interview by Robert Benjamin with James Alfini, long-time professor of dispute resolution at Northern Illinois University, filmed as part of the Mediate.com 'Views from the Eye of the Storm' Video Series.

Interview with David Hoffman

(4/12/17)David A. Hoffman

This is the complete interview by Robert Benjamin with David Hoffman, founder of The Boston Collaborative and former President of the ABA Dispute Resolution Section, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.

Mediate.com Recognized as a Top Attorney Directory for SEO!

(4/07/17)Mediate.com

Now celebrating our 22nd Year, Mediate.com has been recognized as a "Top 8" Attorney Directory by Rankings.io. Mediate.com is the overall 8th ranked attorney directory and the only mediation or ADR directory listed!

Interview with Frank Sander

(4/06/17)Frank Sander

This is the complete interview by Robert Benjamin with Harvard Law Professor Frank Sander, founder of the Multi-Door Courthouse movement, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.

Traits of a 'Mediator'

(4/05/17)Sam Imperati

Although there are many intangibles in the definition of a “good” mediator, certain character traits are invaluable. It turns out that these same character traits may have other uses as well.

Divorce Lawyers: 5 Little Known Things You Need To Know

(4/03/17)Vicki Shemin

There is an inescapable fact: the relationship between a divorce attorney and a client is, at best, a business relationship.

Drafting Arbitration Clauses in Construction Contracts

(4/03/17)Patricia Thompson

Many construction lawyers who specialize in transactional work acknowledge that they do not spend much time considering or negotiating the arbitration clauses in construction contracts.

Interview with Steve Erickson

(3/25/17)Stephen Erickson

This is the complete interview by Robert Benjamin with Stephen Erickson, one of the founders of the Academy of Family Mediators, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Series.

Whose Privilege Is it Anyway?

(3/10/17)Michael Diliberto

This article discusses which privilege law governs in the context of enforcing a settlement agreement when both federal and state law claims are involved.

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